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Jeffrey Snchez 15th Suffolk
Alan Silvia 7th Bristol
Theodore C. Speliotis 13th Essex
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HOUSE DOCKET, NO. 4253 FILED ON: 5/27/2014
HOUSE . . . . . . . . . . . . . . . No.By Mr. DeLeo of Winthrop, a petition (subject to Joint Rule 12) of Robert A. DeLeo and others
relative to the reduction of gun violence. Public Safety and Homeland Security.
The Commonwealth of Massachusetts
_______________In the Year Two Thousand Fourteen
_______________
An Act relative to the reduction of gun violence.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
SECTION 1. Section 167A of chapter 6 of the General Laws, as appearing in the 20121
Official Edition, is hereby amended by inserting the following paragraph:-2
(h) Notwithstanding any general or special law or court order, including an order of3
impoundment, to the contrary, the department shall transmit to the attorney general of the United4
States any information in its control required or permitted under federal law to be included in the5
National Instant Background Check System or any successor system maintained for the purpose6
of conducting background checks for firearms sales or licensing. No more information than is7necessary for the purposes stated above shall be transmitted, and such information shall not be8
considered a public record under section 7 of chapter 4.9
SECTION 2. Subsection (a) of section 172 of said chapter 6, as so appearing, is hereby10
amended by adding the following clause:-11
(31) A person licensed pursuant to section 122 of chapter 140 may obtain from the12
department data permitted under section 172L.13
SECTION 3. Said chapter 6 is hereby amended by inserting after section 172K the14
following section:-15
Section 172L. Notwithstanding section 172 or any other general or special law to the16
contrary, a person licensed pursuant to section 122 of chapter 140 shall obtain from the17
department all available criminal offender record information prior to accepting any person as an18
employee to determine the suitability of such employees who may have direct and unmonitored19
contact with firearms, shotguns or rifles. Any person obtaining information pursuant to this20
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section shall not disseminate such information for any purpose other than the further protection21
of public safety.22
SECTION 4. Chapter 71 of the General Laws is hereby amended by inserting after23
section 37O the following 3 sections:-24
Section 37P. (a) As used in this section the following words shall, unless the context25
clearly requires otherwise, have the following meanings:-26
Chief of police, the chief of police or the board orofficer having control of the police27
in a city or town.28
School resource officer, a duly sworn municipal police officer with all necessary29
training, up-to-date certificates and a license to carry a firearm charged with providing law30
enforcement and security services to elementary and secondary public schools.31
(b) The school department of a city or town, a regional school district or a county32agricultural school shall, subject to appropriation, employ at least 1 school resource officer to33
serve the city, town, regional school district or county agricultural school. The school resource34
officer shall be appointed jointly by the superintendent and the chief of police, in the case of35
school department of a city or town, or by the superintendent and each chief of police in any city36
or town served by a regional school district or county agriculture school.37
In appointing school resource officers, superintendents and chiefs of police shall consider38
candidates that they believe would strive to foster an optimal learning environment and39
educational community. The appointment shall not be based solely on seniority. The40
performance of school resource officers shall be reviewed annually by the superintendent and the41chief of police.42
(c) Upon written application by a school department of a city or town, a regional school43
district or a county agricultural school, the secretary of elementary and secondary education may44
waive the requirements of this section if the secretary believes a school resource office would not45
assist that particular city or town, a regional school district or a county agricultural school to46
ensure safe schools.47
(d) The department of elementary and secondary education shall promulgate any rules or48
regulations necessary to carry out this section.49
Section 37Q. (a) As used in this section the following words shall, unless the context50
clearly requires otherwise, have the following meanings:-51
Approved private day or residential school, a school that accepts, through agreement52
with a school committee, a child requiring special education pursuant to section 10 of chapter53
71B.54
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Charter school, commonwealth charter schools and Horace Mann charter schools55
established pursuant to section 89 of chapter 71.56
Collaborative school, a school operated by an educational collaborative established57
pursuant to section 4E of chapter 40.58
Plan, a mental health support plan established pursuant to subsection (b).59
School district, the school department of a city or town, a regional school district or a60
county agricultural school.61
(b) Each school district, charter school, approved private day or residential school and62
collaborative school shall develop and adhere to a plan to address the general mental health63
needs of its students, including their families, teachers and school administrators. Each plan shall64
also address the potential need for emergency and acute treatment for students, including their65
families, teachers and school administrators as a result of a tragedy or crisis within the district or66
school. Before September 1 of each year, each school district, charter school, approved private67
day or residential school and collaborative school shall review and update its plan to achieve best68
practices.69
(c) The department of elementary and secondary education shall promulgate any rules or70
regulations necessary to carry out this section.71
Section 37R. As used in this section the following words shall, unless the context clearly72
requires otherwise, have the following meanings:-73
School, any school administered by a school department of a city or town or regional74
school district, any county agricultural school, any commonwealth charter school or Horace75
Mann charter school established pursuant to section 89 of chapter 71 or any educational76
collaborative established pursuant to section 4E of chapter 40.77
Two-way communication device, a device capable of transmitting, conveying, or78
routing real-time, two-way voice communications through radio frequency.79
Every school shall, subject to appropriation, possess and have access to a two-way80
communication device to be used solely for communicating with police and fire departments of81
the city or town where the school lies during an emergency situation.82
SECTION 5. Chapter 71 of the General Laws is hereby amended by adding the following83
section:-84
Section 95. (1) The department shall adopt rules to require that all public school districts85
provide at least 2 hours of suicide awareness and prevention training every 3 years to all school86
personnel. Any new hire shall obtain the training within 90 days of being hired. The training87
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shall be provided within the framework of existing in-service training programs offered by the88
department or as part of required professional development activities.89
(2) The department shall, in consultation with the department of public health and suicide90
prevention experts, develop a list of approved training materials to fulfill the requirements of this91
section. Approved materials shall include training on how to identify appropriate mental health92services both within the school and also within the larger community, and when and how to refer93
students and their families to those services.94
(3) No person shall have a cause of action for any loss or damage caused by any act or95
omission resulting from the implementation of the provisions of this section or resulting from96
any training, or lack thereof, required by this section.97
(4) The training, or lack thereof, required by the provisions of this section shall not be98
construed to impose any specific duty of care.99
SECTION 6. Chapter 111 of the General Laws, as appearing in the 2012 Official Edition,100
is hereby amended by adding the following 2 sections:101
Section 230. The department shall direct the division on violence and injury prevention to102
develop a program of instruction on harm reduction, which shall be included in the curriculum of103
hunter education courses as provided in section 14 of chapter 131, and in the curriculum of every104
basic firearms safety course as provided in section 131P of chapter 140.105
The purpose of the program shall be to promote suicide prevention through safe practices106
by firearms owners. The program shall include, but shall not be limited to, information on the107
following: (i) the prevalence of firearms suicide as compared to other forms of firearms violence,108including demographic trends; (ii) the risks of injury and suicide that may be associated with109
household firearms, to include the rate of survival for suicide attempts by firearm as compared to110
other means of attempted suicide; (iii) best practices for identifying and reducing the risk of111
suicide involving household firearms; (iv) available resources to learn more about safe practices112
and suicide prevention; and (v) additional information determined by the commissioner to be113
relevant to the purpose of the program.114
The department shall further direct the division to develop a notice providing information115
on suicide prevention, which shall be posted and distributed in accordance with clause the116
fourteenth of section 123 of chapter 140. Such notice shall include, but not be limited to the117following: information on signs and symptoms of depression, the state and federal suicide118
prevention hotlines and resources for an individual at risk of suicide.119
Section 231. The department of public health shall, subject to appropriation, collect,120
record and analyze data on firearm related suicides in the commonwealth. Data collected for121
each incident shall include, to the extent possible and with respect to all applicable privacy122
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protection laws, the following: (1) the source of purchase of the firearm; (2) the length of time123
between purchase of the firearm and the death of the decedent; (3) the relationship of the owner124
of the firearm to the decedent; (4) whether the firearm was legally obtained and owned pursuant125
to the laws of the commonwealth; (5) any record of past suicide attempts by the decedent; (6)126
and any record of past mental health treatment of the decedent. Names, addresses or other127
identifying factors shall not be included.128
The department shall annually submit a report, which shall include aggregate data129
collected for the preceding calendar year and the departments analysis, with the clerks of the130
house of representatives and the senate and the executive office of public safety and security on131
or before December 31.132
The commissioner shall work in conjunction with the offices and agencies in custody of133
the data listed in this section to facilitate collection of said data, and to ensure that data sharing134
mechanisms are in compliance with all applicable laws relating to privacy protection.135
Data collected and held by the department for the purpose of completing a report136
pursuant to this section shall not be subject to the provisions of section 10 of chapter 66 of the137
General Laws.138
SECTION 7. Chapter 112 of the General Laws is hereby amended by inserting after139
section 5M the following section:-140
Section 5N. The board shall, in collaboration with experts in violence and injury141
prevention, and in coordination with relevant training accreditation bodies, develop or provide142
for, and make available for voluntary participation by any physician, a professional development143
training module on suicide prevention through reduction of access to lethal means. The goal of144
the training module shall be to encourage physicians to speak with their patients and patients145
families about the risk posed by access to lethal means in the home, and to increase a physicians146
ability and comfort in having such discussions with patients and families in a legally, ethically147
and medically appropriate manner. The training module shall include information on:148
(i) rates of attempted and completed suicides, including demographics, trends in mental149
health histories of suicide victims and trends in rates of reattempts by survivors;150
(ii) the impact of lethal means reduction in reducing rates of completed suicides, and on151
best practices, separate and distinct from behavioral health treatment, that may impact suicide152rates through the reduction of environmental safety risks;153
(iii) the role of firearms, including firearms ownership and access to household firearms,154
in impacting rates of attempted and completed suicides, as compared to other means of attempted155
suicide;156
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(iv) strategies for discussions with patients, or the patients family or legal guardians,157
concerning safety assessments, and securing or removing firearms and other lethal means of158
suicide from the home during high risk periods; and159
(v) other information deemed by the board to be appropriate and relevant to the purpose160
of the training.161
The training module developed shall be accepted by the board as up to 2 continuing162
professional development credits.163
SECTION 8. Subsection (b) of section 12 of chapter 123 of the General Laws, as164
appearing in the 2012 Official Edition, is hereby amended by striking out the first paragraph and165
inserting in place thereof the following paragraph:-166
Only if the application for hospitalization under the provisions of this section is made by167
a physician specifically designated to have the authority to admit to a facility in accordance with168
the regulations of the department, shall such person be admitted to the facility, immediately after169
his reception, for assessment or evaluation purposes, notwithstanding the fact that the person170
may receive care and treatment. If the application is made by someone other than a designated171
physician, such person shall be given a psychiatric examination by a designated physician172
immediately after his reception at such facility. If the physician determines that failure to173
hospitalize such person would create a likelihood of serious harm by reason of mental illness he174
or she may admit such person to the facility for assessment or evaluation purposes,175
notwithstanding the fact that the person may receive care and treatment.176
SECTION 9. Subsection (e) of said section 12 of said chapter 123, as so appearing, is177
hereby amended by adding the following sentence:- Admittance or commitment ordered178
pursuant to this subsection shall be for assessment or evaluation purposes, notwithstanding the179
fact that the person may receive care and treatment.180
SECTION 10. Section 35 of said chapter 123, as so appearing, is hereby amended by181
adding the following 4 paragraphs:-182
The court, in its order, shall specify whether such commitment is based upon a finding183
that the person is an alcoholic, a substance abuser, or both. The court, upon ordering the184
commitment of a person found to be substance abuser pursuant to this section, shall transmit the185
person's name and nonclinical identifying information, including the person's Social Security186number and date of birth, to the department of criminal justice information services. The court187
shall notify the person of the prohibitions of sections 129B and 131 of chapter 140 and 18 U.S.C.188
sections 922(d)(4) and 922(g)(4).189
A person found to be a substance abuser and committed pursuant to this section may file190
a petition for relief with the court that ordered the commitment requesting that the court restore191
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the person's ability to possess any firearm, rifle or shotgun. The court may grant the relief sought192
in accordance with the principles of due process if the circumstances regarding the person's193
disqualifying condition and the person's record and reputation are determined to be such that: (i)194
the person is not likely to act in a manner that is dangerous to public safety; and (ii) the granting195
of relief would not be contrary to the public interest. In making the determination, the court may196
consider evidence from a licensed medical doctor or clinical psychologist that the person is no197
longer suffering from the disease or condition that caused the disability or that the disease or198
condition has been successfully treated for a period of 3 consecutive years.199
When the court grants a petition for relief pursuant to this section, the clerk shall200
immediately forward a copy of the order for relief to the department of criminal justice201
information services.202
A person whose petition for relief is denied may appeal to the appellate division of the203
district court for a de novo review of the denial.204
SECTION 11. Section 36A of said chapter 123, as so appearing, is hereby further205
amended by adding the following paragraph:-206
Notwithstanding the preceding paragraph, a court may, pursuant to section 35 and section207
36C, transmit information contained in court records to the department of criminal justice208
information services for the purposes of: (i) providing licensing authorities as defined under209
section 121 of chapter 140 of the General Laws with information required or permitted to be210
considered under state or federal law for the purpose of conducting background checks for211
firearm sales or licensing; and (ii) providing the attorney general of the United States with212
information required or permitted under federal law to be included in the National Instance213 Criminal Background Check System maintained for the purpose of conducting background214
checks for firearms sales or licensing; provided, however, the court shall not transmit215
information solely because a person seeks voluntary treatment or is involuntarily hospitalized for216
assessment or evaluation purposes. Information transmitted to the department of criminal justice217
information services pursuant to this section and sections 35 and 36C shall not be considered218
public records pursuant to section 7 of chapter 4.219
SECTION 12. Said chapter 123 is hereby amended by inserting after section 36B the220
following section:-221
Section 36C. (a) A court that orders the commitment of a person pursuant to sections 7, 8,222
15 or 18 or subsections (b) and (c) of section 16, shall transmit the person's name and223
nonclinical, identifying information, including the person's Social Security number and date of224
birth to the department of criminal justice information services. The court shall notify the person225
of the prohibitions of sections 129B and 131 of chapter 140 of the General Laws and 18 U.S.C.226
sections 922(d)(4) and 922(g)(4).227
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Explosives. Whoever fails to comply with this section shall be punishable by a fine of not less262
than $500 and not more than $5,000.263
SECTION 17. Section 128 of said chapter 140, as so appearing, is hereby amended by264
inserting after the word sixteenth, in line 4, the following words :- , seventeenth.265
SECTION 18. Section 128A of said chapter 140 is hereby amended by adding the266
following 2 sentences:- Any sale or transfer conducted pursuant to this section shall comply with267
section 131E and shall take place at the location of a dealer licensed pursuant to section 122, who268
shall transmit the information required by this section for purchases and sales to the department269
of criminal justice information services. A licensed dealer may charge the seller a fee not to270
exceed $25 for each sale or transfer submitted on behalf of the seller to the department of271
criminal justice information services.272
SECTION 19. Section 129B of said chapter 140, as so appearing, is hereby amended by273
striking out paragraph (1) and inserting in place thereof the following paragraph:-274
(1) Any person residing or having a place of business within the jurisdiction of the275
licensing authority or any person residing in an area of exclusive federal jurisdiction located276
within a city or town may submit to the licensing authority an application for a firearm277
identification card, or renewal of the same, which the licensing authority may issue if it appears278
that the applicant is a suitable person to be issued a card and that the applicant has good reason to279
fear injury to his person or property, or for any other reason, including the carrying of firearms280
for use in sport or target practice only, unless the applicant:281
(i) has ever, in a court of the commonwealth, been convicted or adjudicated a youthful282
offender or delinquent child, both as defined in section 52 of chapter 119, for the commission of:283
(a) a felony; (b) a misdemeanor punishable by imprisonment for more than 1 year; (c) a violent284
crime as defined in section 121; (d) a violation of any law regulating the use, possession,285
ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or286
ammunition for which a term of imprisonment may be imposed; (e) a violation of any law287
regulating the use, possession or sale of controlled substances, as defined in section 1 of chapter288
94C including, but not limited to, a violation under said chapter 94C; or (f) a misdemeanor crime289
of domestic violence as that term is defined in 18 U.S.C. section 921(a)(33); provided, however,290
that except for the commission of a felony, a misdemeanor crime of domestic violence, a violent291
crime or a crime involving the trafficking of controlled substances, if the applicant has been so292 convicted or adjudicated or released from confinement, probation or parole supervision for such293
conviction or adjudication, whichever is last occurring, not less than 5 years immediately294
preceding such application, such applicant's right or ability to possess a non-large capacity rifle295
or shotgun shall be deemed restored in the commonwealth with respect to such conviction or296
adjudication and such conviction or adjudication shall not disqualify such applicant for a firearm297
identification card;298
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(ii) has, in any other state or federal jurisdiction, been convicted or adjudicated a youthful299
offender or delinquent child for the commission of: (a) a felony; (b) a misdemeanor punishable300
by imprisonment for more than 1 year; (c) a violent crime as defined in section 121; (d) a301
violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease,302
rental, receipt or transportation of weapons or ammunition for which a term of imprisonment303
may be imposed; (e) a violation of any law regulating the use, possession or sale of controlled304
substances, as defined in section 1 of chapter 94C including, but not limited to, a violation under305
said chapter 94C; (f) a misdemeanor crime of domestic violence as that term is defined in 18306
U.S.C. section 921(a)(33); provided, however, that, except for the commission of felony, a307
misdemeanor crime of domestic violence, a violent crime or a crime involving the trafficking of308
weapons or controlled substances, if the applicant has been so convicted or adjudicated or309
released from confinement, probation or parole supervision for such conviction or adjudication,310
whichever is last occurring, not less than 5 years immediately preceding such application, and311
such applicant's right or ability to possess a rifle or shotgun has been fully restored in the312
jurisdiction wherein the subject conviction or adjudication was entered, such conviction or313adjudication shall not disqualify such applicant for a firearm identification card;314
(iii) is or has been: (a) confined to any hospital or institution for mental illness, unless the315
applicant submits with his or her application an affidavit of a registered physician attesting that316
such physician is familiar with the applicant's mental illness and that in such physician's opinion317
the applicant is not disabled by such an illness in a manner that should prevent the applicant from318
possessing a firearm, rifle or shotgun; (b) committed by an order of a court to any hospital or319
institution for mental illness, unless the applicant was granted a petition for relief of the courts320
order pursuant to section 36C of chapter 123 and submits a copy of the order for relief with his321
or her application; or (c) subject to a current order of the probate court appointing a guardian or322conservator for a incapacitated person on the grounds that that applicant lacks the mental323
capacity to contract or manage his or her own affairs, unless the applicant was granted a petition324
for relief and submits a copy of the order for relief with his or her application.325
(iv) is or has been: (a) under treatment for or confinement for drug addiction or habitual326
drunkenness, unless such applicant is deemed to be cured of such condition by a licensed327
physician, in which case he may make application for such card after the expiration of 5 years328
from the date of such confinement or treatment and upon presentation of an affidavit issued by329
such physician to the effect that such physician knows the applicant's history of treatment and330
that in such physician's opinion the applicant is deemed cured or; (b) found to be a substance331abuser and committed pursuant to section 35 of chapter 123, unless the applicant was granted a332
petition for relief of the courts order pursuant to said section 35 and submits a copy of the order333
for relief with his or her application;334
(v) is at the time of the application less than 15 years of age;335
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(vi) is at the time of the application more than 15 but less than 18 years of age, unless the336
applicant submits with his application a certificate of his parent or guardian granting the337
applicant permission to apply for a card;338
(vii) is an alien;339
(viii) is currently subject to: (a) an order for suspension or surrender issued pursuant to340
section 3B or 3C of chapter 209A or a similar order issued by another jurisdiction; or (b) a341
permanent or temporary protection order issued pursuant to chapter 209A, a similar order issued342
by another jurisdiction, including any such order described in 18 U.S.C. section 922(g)(8);343
(ix) is currently the subject of an outstanding arrest warrant in any state or federal344
jurisdiction;345
(x) has been discharged from the Armed Forces of the United States under dishonorable346
conditions;347
(xi) is a fugitive from justice; or348
(xii) having been a citizen of the United States, has renounced his or her citizenship.349
The executive office of public safety and security, with the advice and recommendations350
of the Massachusetts Chiefs of Police Association and the gun control advisory board, shall351
promulgate rules and regulations establishing uniform standards that specify, clarify or define352
what constitutes a suitable person for purposes of issuing a card pursuant to this paragraph.353
SECTION 20. Paragraph (2) of said section 129B of said chapter 140, as so appearing, is354
hereby amended by adding the following 2 sentences:- The licensing authority shall provide to355the applicant a receipt indicating that it received the applicants application. The receipt shall be356
provided to the applicant within 7 days by mail if the application was received by mail, or357
immediately if the application was made in person; provided, however, that the receipt shall358
include the applicants name, the applicants address, the applicants current firearm359
identification card number, if any, the applicants current card expiration date, if any, the date360
when the application was received by the licensing authority, the name of the licensing authority361
and its agent that received the application, the licensing authoritys address and telephone362
number, the type of application, and whether it is an application for a new card or for renewal of363
an existing card; and provided further, that a copy of the receipt shall be kept by the licensing364
authority for no less than 1 year and a copy shall be furnished to the applicant if requested by the365
applicant.366
SECTION 21. Paragraph (7) of said section 129B of said chapter 140, as so appearing, is367
hereby amended in paragraph (7) by striking out the first sentence and inserting in place thereof368
the following sentence:- A firearm identification card shall be in a standard form provided by the369
commissioner of the department of criminal justice information services in a size and shape370
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equivalent to that of a license to operate motor vehicles issued by the registry of motor vehicles371
pursuant to section 8 of chapter 90 and shall contain an identification number, name, address,372
photograph, fingerprint, place and date of birth, height, weight, hair color, eye color and373
signature of the cardholder and shall be marked Firearm Identification Card and shall provide374
in a legible font size and style the phone numbers for the National Suicide Prevention Lifeline375
and the Samaritans Statewide Helpline.376
SECTION 22. Said section 129B of said chapter 140, as so appearing, is hereby amended377
by striking out paragraph (9) and inserting in place thereof the following paragraph:-378
(9) A firearm identification card shall be valid, unless revoked or suspended, for a period379
of not more than 6 years from the date of issue, except that if the cardholder applied for renewal380
before the card expired, the card shall remain valid after the expiration date on the card, until the381
application for renewal is approved or denied; provided, however, if the cardholder is on active382
duty with the armed forces of the United States on the expiration date of his card, the card shall383
remain valid until the cardholder is released from active duty and for a period not less than 90384days following such release, except that if the cardholder applied for renewal prior to the end of385
such period, the card shall remain valid after the expiration date on the card, until the application386
for renewal is approved or denied. A card issued on February 29 shall expire on March 1. The387
commissioner of criminal justice information services shall send electronically or by first class388
mail to the holder of a firearm identification card, a notice of the expiration of the card not less389
than 90 days before its expiration, and shall enclose with the notice a form for the renewal of the390
card. The form for renewal shall include an affidavit whereby the applicant shall verify that the391
applicant has not lost any firearms or had any firearms stolen from the applicants possession392
since the date of the applicants last renewal or issuance. The commissioner of criminal justice393
information services shall include in the notice all pertinent information about the penalties that394
may be imposed if the firearm identification card is not renewed within the 90 days before395
expiration. The commissioner of criminal justice information services shall provide electronic396
notice of expiration only upon the request of a cardholder. A request for electronic notice of397
expiration shall be forwarded to the department on a form furnished by the commissioner. Any398
electronic address maintained by the department for the purpose of providing electronic notice of399
expiration shall be considered a firearms record and shall not be disclosed except as provided in400
section 10 of chapter 66.401
SECTION 23. Said section 129B of said chapter 140, as so appearing is hereby further402
amended by striking out in lines, 195, 218, 219 and 224, each time they appear, the word403
clause and inserting in place thereof the following word:- paragraph.404
SECTION 24. Said section 129B of said chapter 140, as so appearing, is hereby further405
amended by striking out, in lines 245 to 248, inclusive, the words meaning after 90 days beyond406
the stated expiration date on the card, but who shall not be disqualified from renewal upon407
application therefor under this section, shall be subject to a civil fine of not less than $500 and408
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inserting in place thereof the following words:- but who shall not be disqualified from renewal409
upon application therefor pursuant to this section, shall be subject to a civil fine of not less than410
$100.411
SECTION 25. The third paragraph of said section 129C of said chapter 140, as so412
appearing is hereby amended by striking out the last sentence and inserting in place thereof the413following 2 sentences:- Whoever fails to report the loss or theft of a firearm, rifle, shotgun or414
machine gun or the recovery of any firearm, rifle, shotgun or machine gun, previously reported415
lost or stolen, to both the commissioner of the department of criminal justice information416
services and the licensing authority in the city or town where the owner resides shall be punished417
by a fine of not less than $500 nor more than $5,000 for a first offense, by a fine of not less than418
$2,500 nor more than $7,500 for a second offense and by a fine of not less than $7,500 nor more419
than $10,000 or imprisonment for not less than 1 year nor more than 5 years, or by both such420
fines and imprisonments, for a third or subsequent offense. Failure to so report shall be cause for421
suspension or permanent revocation of such person's firearm identification card or license to422
carry firearms, or both.423
SECTION 26. Section 131 of said chapter 140, as so appearing, is hereby further424
amended by striking out paragraph (d) and inserting in place thereof the following paragraph:-425
(d) Any person residing or having a place of business within the jurisdiction of the426
licensing authority or any law enforcement officer employed by the licensing authority or any427
person residing in an area of exclusive federal jurisdiction located within a city or town may428
submit to such licensing authority or the colonel of state police, an application for a Class A or429
Class B license to carry firearms, or renewal of the same, which such licensing authority or said430
colonel may issue if it appears that the applicant is a suitable person to be issued such license,431and that the applicant has good reason to fear injury to his person or property, or for any other432
reason, including the carrying of firearms for use in sport or target practice only, subject to such433
restrictions expressed or authorized under this section, unless the applicant:434
(i) has, in any state or federal jurisdiction, been convicted or adjudicated a youthful435
offender or delinquent child for the commission of: (a) a felony; (b) a misdemeanor punishable436
by imprisonment for more than 1 year; (c) a violent crime as defined in section 121; (d) a437
violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease,438
rental, receipt or transportation of weapons or ammunition for which a term of imprisonment439
may be imposed; (e) a violation of any law regulating the use, possession or sale of controlled440substances as defined in section 1 of chapter 94C; or (f) a misdemeanor crime of domestic441
violence as that term is defined in 18 U.S.C. section 921(a)(33);442
(ii) is or has been: (a) confined to any hospital or institution for mental illness, unless the443
applicant submits with his application an affidavit of a registered physician attesting that such444
physician is familiar with the applicant's mental illness and that in such physician's opinion the445
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applicant is not disabled by such an illness in a manner that should prevent such applicant from446
possessing a firearm; (b) committed by an order of a court to any hospital or institution for447
mental illness, unless the applicant was granted a petition for relief of the courts order pursuant448
to section 36C of chapter 123 and submits a copy of the order for relief with his or her449
application; or (c) subject to a current order of the probate court appointing a guardian or450
conservator for a incapacitated person on the grounds that that applicant lacks the mental451
capacity to contract or manage his or her own affairs, unless the applicant was granted a petition452
for relief and submits a copy of the order for relief with his or her application.453
(iii) is or has been: (a) under treatment for or confinement for drug addiction or habitual454
drunkenness, unless such applicant is deemed to be cured of such condition by a licensed455
physician, and such applicant may make application for such license after the expiration of five456
years from the date of such confinement or treatment and upon presentment of an affidavit issued457
by such physician stating that such physician knows the applicant's history of treatment and that458
in such physician's opinion the applicant is deemed cured, or; (b) found to be a substance abuser459
and committed pursuant to section 35 of chapter 123, unless the applicant was granted a petition460
for relief of the courtsorder pursuant to said section 35 and submits a copy of the order for461
relief with his or her application;462
(iv) is at the time of the application less than 21 years of age;463
(v) is an alien;464
(vi) is currently subject to: (A) an order for suspension or surrender issued pursuant to465
section 3B or 3C of chapter 209A or a similar order issued by another jurisdiction; or (B) a466
permanent or temporary protection order issued pursuant to chapter 209A or a similar order467 issued by another jurisdiction, including any such order described in 18 U.S.C. section 922(g)(8);468
(vii) is currently the subject of an outstanding arrest warrant in any state or federal469
jurisdiction;470
(viii) has been discharged from the Armed Forces of the United States under471
dishonorable conditions;472
(ix) is a fugitive from justice; or473
(x) having been a citizen of the United States, has renounced his or her citizenship.474
The executive office of public safety and security, with the advice and recommendations475
of the Massachusetts Chiefs of Police Association and the gun control advisory board, shall476
promulgate rules and regulations establishing uniform standards that specify, clarify or define477
what constitutes a suitable person for the purposes of issuing a license pursuant to this paragraph.478
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SECTION 27. Paragraph (e) of said section 131 of said chapter 140, as so appearing, is479
hereby amended by adding the following paragraph:-480
The licensing authority shall provide to the applicant a receipt indicating that it received481
the applicants application. The receipt shall be provided to the applicant within 7 days by mail if482
the application was received by mail, or immediately if the application was made in person;483provided further, that the receipt shall include the applicants name, the applicants address, the484
applicants current license number, if any, the applicants current license expiration date if any,485
the date when the application was received by the licensing authority, the name of the licensing486
authority and its agent that received the application, the licensing authoritys address and487
telephone number, the type of application, and whether it is an application for a new license or488
for renewal of an existing license; provided further, that a copy of the receipt shall be kept by the489
licensing authority for no less than 1 year and a copy shall be furnished to the applicant if490
requested by said applicant.491
SECTION 28. Paragraph (g) of said section 131 of said chapter 140, as so appearing, is492hereby amended by striking out the second sentence and inserting in place thereof the following493
sentence:- Such license shall be clearly marked License to Carry Firearms, shall clearly494
indicate whether the license is Class A or Class B and shall provide in a legible font size and495
style the phone numbers for the National Suicide Prevention Lifeline and the Samaritans496
Statewide Helpline.497
SECTION 29. Paragraph (i) of said section 131 of said chapter 140, as so appearing, is498
hereby amended by striking out the first sentence and inserting in place thereof the following499
sentence:- A license to carry or possess firearms shall be valid, unless revoked or suspended, for500
a period of not more than 6 years from the date of issue and shall expire on the anniversary of the501licensee's date of birth occurring not less than 5 years but not more than 6 years from the date of502
issue, except that if the licensee applied for renewal before the license expired, the license shall503
remain valid after the expiration date on the license, until the application for renewal is approved504
or denied; provided, however, if the licensee is on active duty with the armed forces of the505
United States on the expiration date of his license, the license shall remain valid until the506
licensee is released from active duty and for a period not less than 90 days following such507
release, except that if the licensee applied for renewal prior to the end of such period, the license508
shall remain valid after the expiration date on the license, until the application for renewal is509
approved or denied.510
SECTION 30. Paragraph (l) of said section 131 of said chapter 140, as so appearing, is511
hereby amended by inserting after the first sentence the following sentence:- The form for512
renewal shall include an affidavit whereby the applicant shall verify that the applicant has not513
lost any firearms or had any firearms stolen from the applicants possession since the date of the514
applicants last renewal or issuance.515
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the age of 18 who does not possess a valid firearm identification card issued under section 129B552
may have access without committing an unforeseeable trespass, by a fine of not less than $2,500553
nor more than $15,000 or by imprisonment for not less than 1 and 1/2 years nor more than 12554
years, or by both fine and imprisonment.555
(d) A violation of this section shall be punished, in the case of a rifle or shotgun that is a556large capacity weapon, firearm or machine gun was stored or kept in a place where a person557
under the age of 18 may have access, without committing an unforeseeable trespass, by a fine of558
not less than $10,000 nor more than $20,000 or by imprisonment for not less than 4 years, nor559
more than 15 years, or by both fine and imprisonment.560
SECTION 34. Section 131P of said chapter 140, as so appearing, is hereby further561
amended by striking out subsection (b) and inserting in place thereof the following subsection:562
((b) The colonel of the state police shall certify certain persons as firearms safety563
instructors in a manner consistent with this section and any rules or regulations promulgated564 pursuant to this section. Such certification shall be for a period of 10 years, unless sooner565
revoked. The department of state police may impose a fee of $50 for initial issuance of such566
certification to offset the cost of certifying instructors. The fee for certification renewal shall be567
$10. The colonel may certify any person as an instructor if it appears that the instructor is: (i) a568
suitable person to give instruction in a basic firearms safety course; and (ii) qualified to569
incorporate the standardized curriculum for instruction, as established by the executive office of570
public safety and security, in his or her basic firearms safety course. The colonel shall revoke the571
certification of any person who is thereafter deemed, in the discretion of the colonel, not to be a572
suitable person to give instruction in a basic firearms safety course or who fails to incorporate the573
standardized curriculum for instruction, as established by the executive office of public safety574and security, in his or her basic firearms safety course.575
Applicants for certification as instructors under the provisions of this section shall not be576
exempt from the requirements of this chapter or any other law or regulation of the577
commonwealth or the United States. The colonel of state police shall promulgate rules and578
regulations governing the issuance and form of basic firearms safety certificates required by this579
section.580
The executive office of public safety and security, with the advice and recommendations581
of the Massachusetts Chiefs of Police Association and the gun control advisory board, shall582 promulgate rules and regulations establishing standardized curriculum for instruction to be583
included in all basic firearms safety courses; provided, however, the standardized curriculum for584
instruction shall include live fire training and instruction on: (i) the safe use, handling and585
storage of firearms; (ii) methods for securing and childproofing firearms; (iii) the applicable586
laws, including laws of the commonwealth, relating to the possession, transportation and storage587
of firearms; (iv) operation, potential dangers and basic competency in the ownership and usage588
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of firearms; and (v) the prevention of suicide and gun-related accidents, which shall incorporate589
the program of instruction on harm reduction developed by the division on violence and injury590
prevention pursuant to section 230 of chapter 111.591
The executive office of public safety and security, with the advice and recommendations592
of the Massachusetts Chiefs of Police Association and the gun control advisory board, shall593promulgate rules and regulations establishing uniform standards that specify, clarify or define594
what constitutes a suitable person to give instruction in a basic firearms safety course.595
SECTION 35. Said chapter 140 is hereby amended by inserting after section 136P the596
following section:-597
Section 136Q. Any firearm, rifle or shotgun, large capacity weapon, machine gun or598
assault weapon used to carry out a criminal act shall be traced by the licensing authority for the599
city or town in which the crime took place. The licensing authority shall report data, including600
the make, model and caliber of the weapon used and the type of crime committed, whether or not601 an arrest or conviction is made, to the colonel of state police. The colonel of state police shall602
produce an annual report on crimes committed in the commonwealth using firearms, rifles or603
shotguns, large capacity weapons, machine guns or assault weapons and shall submit a copy of604
such report, upon request, to criminology, public policy and public health researchers and other605
law enforcement agencies.606
SECTION 36. Chapter 209A is hereby amended by inserting after section 3C the607
following section:-608
Section 3D. Upon an order for suspension or surrender issued pursuant to section 3B or609
3C, the court shall transmit a report containing the defendants name and identifying information610
and a statement specifying and describing the defendants alleged conduct and relationship to the611
plaintiff, to the department of criminal justice information services. Upon the expiration,612
cancelation or revocation of such an order, the court shall transmit a report containing the613
defendants name and identifying information, a statement specifying and describing the614
defendants alleged conduct and relationship to the plaintiff and an explanation that the order is615
no longer current or valid, to the department of criminal justice information services.616
SECTION 37. Section 21A of chapter 265 of the General Laws, as appearing in the 2012617
Official Edition, is hereby amended by striking out the last sentence and inserting in place618
thereof the following sentence:- Whoever commits any offense described in this section while619
being armed with a firearm, rifle, shotgun, machine gun or assault weapon, shall be punished by620
imprisonment in the state prison for not less than 7 years.621
SECTION 38. Section 17 of chapter 266 of the General Laws, as appearing in the 2012622
Official Edition, is hereby amended by striking out the last sentence and inserting in place623
thereof the following sentence:- Whoever commits any offense described in this section while624
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armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by625
imprisonment in the state prison for not less than 7 years or in the house of correction for not less626
than 2 years nor more than 2 and 1/2 years.627
SECTION 39. Section 18 of said chapter 266, as so appearing, is hereby amended by628
striking out the last sentence and inserting in place thereof the following sentence:- Whoever629commits any offense described in this section while armed with a firearm, rifle, shotgun,630
machine gun or assault weapon shall be punished by imprisonment in the state prison for not less631
than 7 years or by imprisonment in the house of correction for not less than 2 years nor more632
than 2 and 1/2 years.633
SECTION 40. Section 10 of chapter 269 of the General Laws, as appearing in the 2012634
Official Edition, is hereby amended by adding the following paragraph:-635
(p) Whoever knowingly has in his possession or knowingly has under his or her control636
in a vehicle, a weapon, loaded or unloaded, as defined in section 121 of chapter 140, without637 being in or on his or her residence or place of business and having a percentage, by weight, of638
alcohol in their blood of 8 one-hundredths or greater, or while under the influence of a narcotic639
drug or depressant or stimulant substance, as those terms are defined in section 1 of chapter 94C,640
or an intoxicating liquor, marijuana or the vapors of glue shall be punished by imprisonment in a641
house of correction for not more than 2 years or by a fine of not more than $2000. A conviction642
or admission to sufficient facts of a violation of this subsection shall revoke a firearm643
identification card issued pursuant to section 129B of said chapter 140 or a license issued644
pursuant to section 131 of said chapter 140; provided that the defendant shall be allowed 1 month645
to dispose of any firearms possessed or owned by him or her prior to being convicted. Such646
revoked license shall immediately be surrendered to the prosecuting officer who shall forward647the same to the licensing authority. The court shall report immediately any revocation of a648
license or card pursuant to this subsection to the department of criminal justice information649
services and to the police department of the municipality in which the defendant is domiciled. A650
person convicted of violating this subsection shall not be eligible to obtain a firearm651
identification card pursuant to said section 129B of said chapter 140 or license pursuant to said652
section 131 of said chapter 140 for 10 years from the date of conviction.653
SECTION 41. Section 10 of said chapter 269 of the General Laws, as so appearing, is654
hereby amended by striking out paragraph (j) and inserting in place thereof the following655
paragraph:-656
(j) For the purpose of this paragraph, firearm shall mean any pistol, revolver, rifle or657
smoothbore arm from which a shot, bullet or pellet can be discharged by whatever means.658
Whoever, not being a law enforcement officer, and notwithstanding any license obtained659
by him pursuant to the provisions of chapter 140, carries on his person a firearm as hereinafter660
defined, loaded or unloaded or other dangerous weapon in any building or on the grounds of any661
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elementary or secondary school, college or university without the written authorization of the662
board or officer in charge of such elementary or secondary school, college or university shall be663
punished by a fine of not more than $1,000 or by imprisonment for not more than 2 years, or664
both. A law enforcement officer may arrest, without a warrant, and detain a person found665
carrying a firearm in violation of this paragraph.666
Any officer in charge of an elementary or secondary school, college or university or any667
faculty member or administrative officer of an elementary or secondary school, college or668
university failing to report violations of this paragraph shall be guilty of a misdemeanor and669
punished by a fine of not more than $500.670
SECTION 42. Chapter 265 of the General Laws is hereby amended by inserting after671
section 13M the following section:-672
Section 13N. Upon entry of a conviction for any misdemeanor offense that has an673
element the use or attempted use of physical force, or the threatened use of a deadly weapon, the674 court shall determine whether the victim or intended victim was a family or household member675
of the defendant, as defined in section 1 of chapter 209A. If the victim or intended victim was a676
family or household member of the defendant, the court shall enter the offense, the chapter,677
section and subsection, if any, of the offense, and the relationship of the defendant to the victim678
upon the records, and this entry shall be forwarded to the department of criminal justice679
information services for inclusion in the criminal justice information system and for the purpose680
of providing the attorney general of the United States with information required or permitted681
under federal law to be included in the National Instance Criminal Background Check System or682
any successor system maintained for the purpose of conducting background checks for firearm683
sales or licensing.684
SECTION 43. (a) Notwithstanding any general or special law or court order, including an685
order of impoundment, to the contrary, the administrative office of the trial court shall transmit686
any order of the probate court appointing a guardian or conservator for an incapacitated person687
under part 3 or part 4 of article V of the Massachusetts Uniform Probate Code on the ground that688
the person lacks mental capacity to contract or manage his or her own affairs, and any689
subsequent order terminating or rescinding such appointment, to the department of criminal690
justice information services for the purposes of providing: (i) licensing authorities as defined691
under section 121 of chapter 140 of the General Laws with information required or permitted to692
be considered under state and federal law for the purpose of conducting background checks for693firearm sales or licensing; and (ii) the attorney general of the United States with information694
required or permitted under federal law to be included in the National Instance Criminal695
Background Check System maintained for the purpose of conducting background checks for696
firearms sales or licensing. The department of criminal justice information services shall transmit697
no more information than is necessary for the purpose stated above, and such information shall698
not be considered a public record under section 7 of chapter 4.699
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(b) A person found to lack the mental capacity to contract or manage his or her own700
affairs may file a petition for relief with the probate court that ordered the commitment701
requesting the court to restore the person's ability to possess a firearm. The court may grant the702
relief sought in accordance with the principles of due process if the circumstances regarding the703
person's disqualifying condition and the person's record and reputation are determined to be such704
that: (i) the person is not likely to act in a manner that is dangerous to public safety; and (ii) the705
granting of relief would not be contrary to the public interest. In making the determination, the706
court may consider evidence from a licensed medical doctor or clinical psychologist that the707
person is no longer suffering from the disease or condition that caused the incapacity or that the708
disease or condition has been successfully treated for a period of 3 consecutive years. Upon the709
granting of a petition for relief, the administrative office of the trial court shall immediately710
forward a copy of the order for relief to the department of criminal justice information services711
for the purposes listed in subsection (a).712
SECTION 44. Notwithstanding section 36 of chapter 123 of the General Laws, and for713
sole purpose of providing the attorney general of the United States with information required or714
permitted under federal law to be included in the National Instance Criminal Background Check715
System maintained for the purpose of conducting background checks for firearms sales or716
licensing:717
No later than 6 months from the effective date of this act, the department of mental health718
shall transmit to the department of criminal justice information services sufficient information to719
identify all persons known to the department of mental health who have been committed to any720
hospital or institution for mental illness pursuant to sections 7, 8, 15 or 18 or subsections (b) and721
(c) of section 16 of chapter 123 of the General Laws or committed as a substance abuser722
pursuant to section 35 of said chapter 123 within 20 years of the effective date or who are so723
confined at the time of transmission.724
The department of criminal justice information services shall provide such transmit no725
more information than is necessary for the purpose stated above and such information shall not726
be considered a public record under section 7 of chapter 4.727
SECTION 45. A person licensed pursuant to section 122 of chapter 140 shall, within 180728
days of the effective date of this act, obtain from the department of criminal justice information729
services all available criminal offender record information, as that term is defined in section 67730
of chapter 6 of the General Laws and authorized pursuant to clause (31) of subsection (a) of731section 172 of said chapter 6, for current employees to determine the continued suitability of732
employees who may have direct and unmonitored contact with firearms, shotguns or rifles.733
SECTION 46. Any person who was issued a license pursuant to section 122 of chapter734
140 of the General Laws that is no longer current or valid and who sold a firearm, including any735
rifle or shotgun, under that license any time after January 1, 1994, shall transmit or cause to736
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transmit, within 180 days of the effective date of this act, all records of firearms sold under that737
license to the executive office of public safety and security and the federal Bureau of Alcohol,738
Tobacco, Firearms and Explosives. Whoever fails to comply with this section shall be punishable739
by a fine of not less than $500 and not more than $5,000; provided, however, no fine shall be740
assessed if the executive office of public safety determines that, upon written explanation within,741
a person otherwise in violation of this section cannot reasonably comply.742
SECTION 47. There shall be a special commission established pursuant to section 2A of743
chapter 4 of the General Laws to consist of: the secretary of education, who shall serve as chair;744
2 members of the house of representatives; 2 members of the senate; the commissioner of745
elementary and secondary education, or a designee; the commissioner of early education and746
care, or a designee; the secretary of the executive office of public safety and security, or a747
designee; and 5 persons to be appointed by the governor, 1 of whom shall be a superintendent of748
a public school district in the commonwealth, 1 of whom shall be the principal of a public school749
in the commonwealth, 1 of whom shall be a school resource officer of a public school within the750
commonwealth and 2 of whom shall be parents a child attending a public school in the751
commonwealth for the purpose of making an investigation and study into the protocols, methods752
and practices included in and used in the development of: (i) medical emergency response plans753
under section 8A of chapter 69 of the General Laws; and (ii) multi-hazard evacuation plans754
under section 363 of chapter 159 of the acts of 2000. The committee shall study and assess the755
effect a medical emergency response plan and a multi-hazard evacuation plan would have in the756
event of school shooting. The commission shall study and determine common protocols,757
methods and practices included in and used by districts in the development of medical758
emergency response plans and multi-hazard evacuation plans and make recommendations759
relative to the development of standardized protocols and methods and best practices for school760districts to consider or satisfy in the adoption of each plan. The commission shall study the761
efficacy of legislation requiring all districts to implement standardized protocols, methods and762
practices, including those based on the model medical emergency response plan developed by763
the department of elementary and secondary education pursuant to subsection (c) of said section764
8A or said chapter 69. The committee shall make any recommendations for the development of a765
process for review and annual assessment to ensure each school districts medical emergency766
response plan complies with said section 8A of said chapter 69 of the General Laws and each767
school districts multi-hazard evacuation plan complies with section 363 of chapter 159 of the768
acts of 2000.769
SECTION 48. There shall be a special commission established pursuant to section 2A of770
chapter 4 of the General Laws to consist of: the commissioner of elementary and secondary771
education, who shall serve as chairperson; 2 members of the house of representatives, 1 of whom772
shall be appointed by the minority leader; 2 members of the senate, 1 of whom shall be appointed773
by the minority leader; the commissioner of early education and care, or a designee; the774
commissioner of mental health, or a designee; the commissioner of developmental services, or a775
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designee; the commissioner of public health, or a designee; the commissioner of children and776
families, or a designee; the commissioner of transitional assistance, or a designee; the777
commissioner of youth services, or a designee; the child advocate, or a designee; and 2 persons778
to be appointed by the governor. The commission shall study and report on mental, emotional779
and behavioral health in public schools. The commission shall research and assess current health780
services provided in public schools throughout the commonwealth to treat students with781
emotional, mental and behavioral health needs. The commission shall develop recommendations782
for improving, supplementing and bolstering current mental health services and practices to783
achieve an the optimal, safe learning environment for students throughout the commonwealth784
The commission shall submit a final report of its findings, assessments and recommendations,785
together with drafts of legislation necessary to implement those recommendations, by filing the786
same with the clerks of the senate and house of representatives not later than 180 days after the787
effective date of this act.788
SECTION 49. There shall be a special commission established pursuant to section 2A of789
chapter 4 of the General Laws to consist of: the secretary of the executive office of public safety790
and security, or a designee; the commissioner of public health, or a designee; 1 member selected791
by the Gun Owners Action League, Inc.; 1 member selected by the Massachusetts Chiefs of792
Police Association; 1 member selected by the committee for public counsel services; 1 member793
selected by the National Alliance on Mental Illness of Massachusetts, Inc.; and 1 member794
appointed by the Massachusetts District Attorneys Association.795
The commission shall study and report on suitable and feasible options for the796
safekeeping of a distressed persons firearms in a location away from the household, by his or797
her relations or community nongovernmental organizations including, but not limited to, legal798
protections for: (1) private citizens acting as good samaritans, who are of direct relation to the799
distressed person by family or affection; (2) turn-in and temporary storage of a distressed800
persons firearm bya licensed gun store or gun club; (3) and turn-in and temporary storage of a801
distressed persons firearm by any other type of organization or facility under registration as a802
firearms safe harbor.803
The results of said study, together with any recommendations, shall be filed with the804
clerks of the house and the senate, the chairs of the joint committee on public safety and the805
chairs of the joint committee on mental health and substance abuse on or before December 31,806
2014.807
SECTION 50. Notwithstanding any general or special law to the contrary, no licensing808
authority, as that term is defined in section 121 of chapter 140 of the General Laws, shall issue or809
renew a Class B license to carry pursuant to section 131 of said chapter 140; provided, however,810
that any Class B license issued pursuant to said section 131 of said chapter 140 prior to the811
effective date of this act shall remain in effect , subject to any restrictions or conditions set forth812
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in any general or special law, until the date on which said Class B license is set to expire or July813
31, 2020, whichever occurs first.814
SECTION 51. Section 50 of this act shall take effect July 31, 2014.815